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Unformatted text preview: wants to purchase the product. 2) Why do plaintiffs typically experience great difficulty in prevailing in negligence actions alleging injury from toxic substances? Injury from toxic substances is very hard to try in court, mainly because it is hard to determine cause and effect of the toxins. The difficulty would be in conclusively determining that fault is in fact on the part of the defendant as injury due to toxic substances is not so clear in all circumstances. It greatly depends on exposure as well as toxicity levels. Also it depends on where the defendant received the injury from the toxins and whether the land or area was private property or public. I do believe that it would be very difficult to prove that the toxic substance was from a company or that the defendant received the injury from the plaintiff’s products. The defendant could have received the toxic injury from anywhere that they visit or pass by....
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- Spring '09
- Toxicology, Poison, toxic substances, Toxicity, Free Market incentive